Panchayati Raj (Art 243) — Set 4

Correct Answer: B. Transfer of powers from states to Panchayats — financial, administrative, and functional

Devolution in Panchayati Raj refers to the transfer of powers, functions, and finances from state governments to Panchayati Raj Institutions. The 73rd Amendment created the constitutional framework, but actual devolution depends on states. Many experts distinguish between 'activity mapping' (assigning functions), 'funds transfer', and 'functionaries transfer' as the three dimensions of devolution.

Correct Answer: C. Article 226

Article 226 empowers High Courts to issue writs including habeas corpus, mandamus, certiorari, prohibition, and quo warranto for the enforcement of Fundamental Rights or for any other purpose. Unlike Article 32 (Supreme Court), which is limited to enforcement of Fundamental Rights, Article 226 has a wider scope and allows High Courts to issue writs for any 'other purpose' as well. High Court jurisdiction under Article 226 can be exercised even when no Fundamental Right is violated.

Correct Answer: A. Article 300A

Article 300A was inserted by the 44th Constitutional Amendment, 1978 which states that no person shall be deprived of his property save by authority of law. After the 44th Amendment removed the Right to Property from Fundamental Rights (Article 31), Article 300A became the only constitutional protection for property. Since it is a constitutional right but not a Fundamental Right, its violation cannot directly attract Article 32 writ jurisdiction of the Supreme Court.

Correct Answer: C. US Bill of Rights

The concept of Fundamental Rights and their justiciability in the Indian Constitution was primarily borrowed from the Bill of Rights of the United States Constitution. The American Constitution's first ten amendments (Bill of Rights) provided the model for guaranteed individual rights enforceable by courts. However, unlike the US Bill of Rights which was added after the Constitution, India's Fundamental Rights were incorporated from the beginning in Part III. India also drew from the Irish Constitution for Directive Principles.

Correct Answer: A. 6

Currently there are 6 Fundamental Rights in the Indian Constitution under Part III (Articles 12-35). These are: Right to Equality (Articles 14-18), Right to Freedom (Articles 19-22), Right against Exploitation (Articles 23-24), Right to Freedom of Religion (Articles 25-28), Cultural and Educational Rights (Articles 29-30), and Right to Constitutional Remedies (Article 32). The Right to Property was originally a Fundamental Right but was removed by the 44th Amendment in 1978.

Correct Answer: B. Taxes, duties, tolls, and fees and provide for making grants

Article 243H empowers the Legislature of a State to authorize a Panchayat to levy, collect, and appropriate taxes, duties, tolls, and fees; assign to a Panchayat such taxes, duties, tolls, and fees levied and collected by the State Government; provide for making such grants-in-aid to Panchayats from the Consolidated Fund of the State. This constitutional provision under Article 243H is an essential part of the Indian constitutional framework Understanding this constitutional provision is essential for competitive examinations and civic awareness. The 73rd Amendment mandates elections to Panchayats, reservation of seats for SC/ST/women, and establishment of a State Finance Commission.

Correct Answer: C. 2017

The Supreme Court of India in a landmark 9-judge bench decision in Justice K.S. Puttaswamy (Retd.) vs Union of India (2017) unanimously declared that the Right to Privacy is a Fundamental Right under Article 21 of the Constitution. The judgment overruled earlier decisions in M.P. Sharma (1954) and Kharak Singh (1963) that had held privacy was not a Fundamental Right. This judgment has significant implications for data protection and surveillance laws in India.

Correct Answer: A. Article 20(1)

Article 20(1) provides that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence. This means no one can be punished under a law that did not exist when the act was committed (ex-post facto laws). Article 20(1) also prohibits greater penalty than was applicable at the time of the commission of the offence. This protects against retrospective criminal legislation.

Correct Answer: C. State as defined in Article 12

Fundamental Rights are enforceable against the 'State' as broadly defined in Article 12. This includes the Government of India, Parliament, the government of each state, local or other authorities within the territory of India, and other authorities under the control of Government of India. Some Fundamental Rights like Article 17 (abolition of untouchability) and Article 23 (prohibition of traffic in human beings) can also be enforced against private individuals.

Correct Answer: B. Only Article 19 rights can be suspended

During a National Emergency under Article 352, the Fundamental Rights under Article 19 are automatically suspended (Article 358). Other Fundamental Rights can be suspended by a Presidential Order under Article 359, except for rights under Articles 20 and 21 which can never be suspended even during an Emergency. The 44th Amendment added this protection for Articles 20 and 21 to prevent their misuse during Emergency as happened during the 1975-77 Internal Emergency.